Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-03-17
THE DISTRICT APPROPRIATION
BILL,
How Ii il ComssracA by Controller
Durhom,

How 1t il Con.sracA BY Controller
Durham.
HE ANSWERS rHK euRsrIoNs or The DISTRICT CON-
hlSsIoSRRs As 10 rgK DouBrrrL FONTS IN TIE ACT.
Controller Durham sent this afternoon the fol.
lowing letter to the District Commissioners In re-
ply TO certain inquiries BY them as to the meaning
Of the District appropriation bill:
: Gentleman: ] have received your communion
Ton OF the 18th instant In which you PROFOUND to
]: You say: "F1rst. The act approved March 3D.
1881, making appropriations for the expenses of
me Of the District Of columbia for
pamphlet copy, provides as follows:
THE sums herein appropriated for materials for
smhmrhsn n,, eSfens work on county roaas aha
suburban streets, for harbor and river 'front.' for
sewers purchase OF sites, and construction and
equipment OF school buildings and for procure
ment OF mains, engines and boilers, for the water
department, shall be Immediately available
Under this provision win It be lawful Tor the
commissioners 10 order work done charYeable 10
the appropriation for suburban sewers from the
contractor who now has the contract for work OF
,nis or Is ~ ncedlul that new contracts
pr1ated IN the act referred tor"
1 answer that II the appropriation be for ma
ments OF a similar character TO those already
under contract, and these contracts have been
made Is required BY law, 1t is not necessary to
make new contracts.
You then say,
second: The appropriation for payment for
street Improvements according to the schedule Is
tremely desirable that the working season prior to
July LIST next be awaited Of Otherwise . serious
loss OF time Is involved;
and you ask,
"Does fair construction OF the law authorize
ehe commissioners TO advertise for and make con.
Tracts n0w,-the work TO be done by the contrac-
TOR either prior, or subsequent, to July LIST, the
denver OF his work and its acceptance TO be after
that GATE. and no payments TO be made until the
1 answer: Section 3,6T9 OF the Revised statutes
is as follows:
Sec 1878. No department OF the government
cess OF appropriations made by Congress for that
fiscal year, or involve the government In any con-
sTas. iOr the future payment OF money in excess Of
II will be seen that the provisions OF this section
are very stringent, that no expenditure in excess
OF appropriations made by Congress for the fiscal
year can be made, and that the government can
not be involved In any contract for the future paw
ment OF money in excess OF such approximations
worA before the commencement OF The fiscal year
Tor which the appropriation is made and the work
Is done before the commencement or che fiscal year.
you would involve the governmental a liability for
thefuture payment OF money. although the payment
might not be made until after the Commencement
OF the fscal year. II seems to me that the appro-
pr1ations made each year by Congress are for work
to be done and materials and supplies to pe used
within the fiscal year for which the appropriations
are made. IL this were not so, 1t can readily be
seen that more money might be expended within
given fiscal year than had been appropriated for
that year. Suppose thai Congress had made an
appropriation for 100000 for certain improve
ments In the city for the fiscal year ending June
81, 1887, and you had expended that amount early
in the year, and then, Congress having made a
IKE appropriation for the fiscai year 1885,
for the same purpose, you should make
contracts for said improvements and have the
work done before June 30, 1887, then you
would virtually expend or involve the govern
AZ q
authorized to do for that fiscal year. I hold
therefore, that, as general rule, the work should
prOpTtatiOns are made; but where the work Is OF
such a character that after the commencement OF
the fiscal year the same could not be completed
before winter weather would be likely TO set I'm SO
as to retard the work, or stop Its progress thus
working great injury, l am OF opinion that you
could make the contract and commence the work
before the commencement OF the fiscal Year. pro-
vtded Congress has appropriated therefor. In all
cases, however, you can advertise for bids and
commencement OF the fiscal year IL the work to be
done and the materials be furnished within the
fiscal year for which the appropriation has been
made. You Will ind that In my letter to your
predecessors, July ~, 1885, substantially stated
these views In regard to the above matter
You say, ''Third. In the appropriation act, ne
proyement is-'For improvement of streets and
avenues named in the schedule OF work on city
streets and avenues proposed for the fiscal year
missonerS OF the District of Columbia for the year
ended June 3Oth, 1886, pages LAG and l47. being
part SIX OF House executive document No. Forty
ninth Congress- second session, as follows:
In the southwest section fifty thousand dollars; in
the southeast section sixty tive thousand dollars:
In the northeast section nifty thousand dollars
Upon comparing the amounts appropriated in
the above paragraph OF the act, for the several
it viii be observed that in three cases az so1th
west, southeast and northeast, the amounts actu.
ally appropriated exceed the total OF the
estimates for those sections, The question there
fore arises to the proper manner in which these
augmented amounts may be expended in order
that the full advantage thereof manifestly
are apparently two methods OF accomplishing this
object II is obvious that no other than the streets
named in the schedule can be improved The
schedule deSignates the limits within which the
Improvements shall be effected, and also indicates
the amount TO be expended upon those several
portions. In some cases providing for the paving
regulation. In order TO expend the appropriation
it will be necessary therefore either TO extend the
limits over which the Improvement OF a named
street is to be ACCOMPLISH to change the char
acter OF the Improvement by providing for the
paving Of the street, after 1t shall have been regu
lated
II understand the above statement, the latter
part OF it is In the nature OF an inquiry whether
either OF the plans suggested by you for utilizing In
the different sections the full amount OF the
eral appropriations can be carried out under
the appropriation act. answer the same in the
the negative. My opinion is that you cannot vary
alter the plan prescribed In the act In any man.
ner whatever; that the streets named In the act
are the only streets that can be improved, and
those can be improved only within the prescribed
limits and strictly in the manner as Indicated In
the act, and II balances should remain after such
specified improvements shall have been made
they must be covered into the Treasury, and can
not be used in other sections, or for other pur-
MI. DURHAM, Comptroller.
Reckless With His Pistol.
WILLIAM G. MOTION HELD FOB THE GRAND JURY ON